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I have a contact dispute hearing next week and just received the bundle yesterday. Obviously it is very biased and designed for the solicitor to paint an ugly picture so i have a few questions if anybody can help me with that would be great.
First off, how long do I have to file? Hearing is Thursday so I'm thinking tomorrow as the earliest possible and reasonably latest. I would need to post to the mother's legal rep so they would receive it on Tuesday. I think this would negate any argument brought up to block a statement filed but I would like to give them the least time to prepare without giving them an opportunity to delay proceedings.
The bundle is slim compared to the previous one used in 2014 and so there are things that I would like put back from the old bundle as well as the new statements/evidence. How do I amend the bundle in regards to collating it correctly? Or do I do an additional bundle? I am stretched for time and have plenty that the court needs to consider.
Are there any new protocols that I should be aware of considering I haven't looked at this world since they changed over to child Arrangement Orders.
In regards to the aims I have had contact suspended for 3 months and the usual alienation mind wash is happening however I can prove dishonesty, contradiction and point out the pattern of this behaviour as it is an annual thing - Just prior to Summer Holidays when I get the extended contact that I received via an order made 3 years ago.
There was a hearing 6 weeks ago that I walked away from because the mother turned up representing herself but accompanied by her partner. Things became emotional and so I walked instead of losing it at the DJ. Consequently I got the suspension order made against me which also stated for me not to go to the school or try and pick my daughter up.
I have had no official contact with the school before and would like to speak with the staff about this situ and possibly get a statement. I have given my ex plenty of room to concoct stories that get wilder every time so I should really talk with them. Am just wondering the best way to do this, especially if I want to file this info with the court. I was thinking as a last resort I could ask for the courts permission retrospectively, as this has - much to my amazement - been used by the mother's legal reps before. Thing is I don't want to get lost in argument about the unnecessary so am deliberating on the weight of any statement from the school re. performances and behaviour pre and post contact suspension.
Probably a couple more things will spring to mind during my write-up... Any and all answers appreciated.
Ok sorry if the q's sounded lazy, have skimmed through some sticky topics and found out it's 2 working days for the bundle to be lodged. Does this mean Tuesday will be ok for them to receive documents? I am a bit confused as to filing to the court and getting her solicitor to put documents in so it can be paginated. Doesn't look like I can put much in and will need to make preliminary documents looking good.. which is annoying because the bundle is so biased and twisted.
How or when can I disagree with the content? or have they played it so I have no option now?
And does anyone know any info or link on what specific documents are allowed? Please!
Hi there
I don't think you can include previous case paperwork in the bundle for the current case. The rules about what can be included in a bundle were changed so perhaps this may be why it holds less in it. Her solicitor should have sent you the bundle index for your approval before filing it, at which point you could have requested the inclusion of other paperwork. Perhaps you can bring this up with her solicitor! If you get no joy you can do a supplementary bundle and ask for permission for it to be filed.
Have you been asked to file a statement at the last hearing? It is acceptable to prepare a brief two page position statement to take with you to the hearing, with copies for the other side, yourself and a copy for cafcass, you don't need permission to file this, but it must be no more than two pages.
Walking out of a hearing is never a good idea, was her partner allowed into the courtroom? He must have had permission from the court prior to the hearing for this to happen.
If the order states that you mustn't go to,the school then it's in your best interests to stay away, however you could call them and have a chat with the head. I doubt they would be happy to give you a statement for court as they may be concerned that it might show some bias in your favour...they rare,y want to get involved on this level unless their is a risk to the child.
So I should've received the index yesterday at the latest, not the actual bundle. I knew it was a game-play so no doubt they will try to make a fuss about anything I submit. Not sure how I'm going to argue the social worker report from the last application/order, the recommendations are pretty crucial and it says there is an exception in this case - but no citation..
Thanks for the response Mojo.
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